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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 112768
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I am recieving bi-weekly workmens compensation payments in

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I am recieving bi-weekly workmens compensation payments in NYS and the compensation court has determined based on medical evidence that my impairment is permanent and they are going to move forward with a settlement negotiation to close my case. My question is-Due to my injury I see my Dr. regularily. My compensation attorney has given me two scenarios-1 being that the private insurance carrier would remain responsible for my medical needs from my accident-2-The government would be responsible for my medical needs from my accident. In the 1st scenario I understand that the insurance carrier would negotiate a smaller award based on their ongoing liability. The 2nd scenario my attorney is telling me the gov't reviews my case and will"hold" a portion of my reward to help offset any future care I need. Is there any way you could estimate how much the govt % would withold from my award?
The amount they will withhold would depend on the estimate of your care needed in the future, but generally it is between 25%-33% of the total award. Also, once that set aside is used up then the insurance or medicare (if you are eligible) would pick up and make the payments (this is known as the insurance or medicare set aside).

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